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POWER OF COURTS
October 10, 2014


POWER TO IMPOSE PENALTIES - S.11



The following penalties may be imposed by Native Courts as per specified:

a. District Native Court Imprisonment not exceeding two years and a fine not exceeding five thousand ringgit.
b. Chief's Superior Court Imprisonment not exceeding one year and a fine not exceeding three thousand ringgit.
c. Chief's Court Imprisonment not exceeding six months and a fine not exceeding two thousand ringgit.
d. Headman's Court Fine not exceeding three thousand ringgit.





However the above limitation may not prevent a native court to award compensation in excess of it, if it is authorised under the Adat.





IMPRISONMENT IN DEFAULT OF PENALTY - S.18

A Native Court may direct an offender to suffer a period of imprisonment for default of payment of penalty, in accordance with the following scale:
   
Where the penalty -The period of imprisonment shall not exceed
   
Does not exceed fifty ringgit One month
   
Exceeds fifty ringgit but does not exceed one hundred ringgit Two months
   
Exceeds one hundred riggit but does not exceed two hundred ringgit Four months
   
Exceeds two hundred ringgit but does not exceed five hundred ringgit Six months
   
Exceeds five hundred ringgit Twelve months





Notwithstanding the above, no Native Court which is not presided over by a magistrate, has jurisdiction to direct that any person be imprisoned. If an offender is to be imprisoned, such court presided over by a magistrate for sentence.





RECOVERY OF PENALTIES OR COMPENSATION




A Native Court is empowered to order the recovery of penalty or compensation by the sale of property belonging to the person affected thereby.





POWER TO AWARD COMPENSATION




Section 19 empowers a Native Court to award compensation which may include costs and expenses incurred by a successful party or his witness.


The Court may also direct any penalty to be paid to the person injured or order the restitution of any property.